A/HRC/45/CRP.3 obligation of all States and parties to an armed conflict to protect civilians in accordance with international humanitarian law.26 19. In December 2019, a proposal by Switzerland to the Assembly of States Parties to the International Criminal Court to amend the Rome Statute of the Court was adopted, to now include the starvation of civilians as a war crime in non-international armed conflicts (see para. 35, below). II. Mandate 20. In its resolution 31/20 (2016), the Human Rights Council established the Commission on Human Rights in South Sudan for a period of one year. The Commission submitted its first report to the Council at its thirty-fourth session (A/HRC/34/63). 21. In its resolution 34/25 (2017), the Human Rights Council extended the mandate of the Commission for another year, and requested it to continue to monitor and report on the situation of human rights in South Sudan, to make recommendations to prevent further deterioration of the situation, and to report and provide guidance on transitional justice, including reconciliation. 22. The Human Rights Council also requested the Commission to determine and report the facts and circumstances of, to collect and preserve evidence of, and to clarify responsibility for alleged gross violations and abuses of human rights and related crimes, including sexual and gender-based violence and ethnic violence, with a view to ending impunity and providing accountability. The Council further requested the Commission to make such information available to all transitional justice mechanisms, including those to be established pursuant to Chapter V of the Agreement on the Resolution of the Conflict in South Sudan, including the Hybrid Court for South Sudan, to be established in cooperation with the African Union.27 23. In its resolution 37/31 (2018), the Human Rights Council extended the mandate of the Commission for an additional year, and again in its resolutions 40/19 (2019) and 43/27 (2020). The current members of the Commission, appointed by the President of the Council, are Yasmin Sooka (Chair), Andrew Clapham, and Barney Afako. 24. The Commission is supported by a secretariat based in Juba that conducted missions to several locations within South Sudan, including Akobo, Bor, and Pibor (Jonglei), Wau (Western Bahr el Ghazal), and Juba and Yei (Central Equatoria). The Commission met with a range of victims, witnesses, government officials, members of civil society, and other key stakeholders. 25. The Commission took more than 140 detailed individual witness statements and has gathered more than 234 documents, including confidential records, covering incidents related to acute food insecurity and starvation in South Sudan since December 2013. All of the evidence collected is preserved in the Commission’s confidential database and archives. 26. The Commission extends its gratitude to the Government of South Sudan for facilitating its missions. It also appreciates the assistance and contributions of the African Union, the United Nations Mission in South Sudan (UNMISS), United Nations agencies, civil society organisations, and experts. 26 A/RES/74/149 (2019). In pursuance of its mandate, the Commission collects and preserves evidence that it stores in a database and that it catalogues by a unique evidence registration number (ERN). Reference is made to these numbers throughout the report so that States may use them when requesting to consult the evidence. 27 9

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